Massachusetts

According to the Associated Press, voters in Massachusetts have approved Question 4, legalizing the adult use of marijuana for adults. The AP’s final vote count is 54 to 46 percent.

“Massachusetts voters historically have embraced progressive marijuana policies, having previously voted twice to amend various elements of marijuana prohibition,” said NORML Deputy Director Paul Armentano. “It is hardly a surprise that they have done so again. Question 4 is a common sense alternative that comports with public and scientific consensus and that reflects marijuana’s rapidly changing cultural status.”

Question 4 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home) while also licensing commercial cannabis production and retail sales. The law imposes a 3.75 percent excise tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses.

The new law takes effect on December 15, 2016. Regulators are scheduled to begin accepting applications from marijuana-related businesses on October 1, 2017. You can read the full text of Question 4 here.

“In the face of inaction from elected officials, voters in the Bay State sent a resounding message this evening that it is time to move away from our failed, racist policy of marijuana prohibition and towards a safer, regulated industry,” said Erik Altieri, NORML’s new Executive Director. “By legalizing the adult use of marijuana, Massachusetts will shrink the illicit black market, generate millions in tax revenue, end the arrest of otherwise law abiding citizens, and better enable society to keep marijuana out of the hands of children.”

Hi, I’m Rick Steves, TV travel show host and a proud member of NORML’s Board of Directors. I’ve just returned from doing a barnstorming speaking tour in both Maine and Massachusetts to help build support for their legalization initiatives. It was an exhilarating week, meeting and talking with the good folks in those states, getting lots of great press, and feeling the excitement build in advance of what we expect will be victories in both states.

I’m investing my time and money in these latest state initiatives because I’ve seen first-hand the damage done to so many good, hard-working Americans because of a marijuana arrest. And we’ve got such a powerful message to share now that we have a solid legalization track record in my home state of Washington and in Colorado and Oregon: teen use does not go up, crime does not go up, and DUIs do not go up. The only thing that goes up is tax revenue and citizens exercising their civil liberty to smoke marijuana recreationally.

With Election Day less than three weeks away we’re excited to share with you the latest polling information from states with pending marijuana related ballot initiatives, as well as breaking news from another state that may be setting the stage for full legalization next year. A summary of this year’s crop of marijuana-centric ballot initiatives is available online here.

NORML is also pleased to announce that next week we will be releasing our first ever, Governors Report Card. Inspired by our Congressional Scorecard, this report will provide a letter grade for the Governors of all 50 states. Which Governors have been supportive of reforms and which ones have stood in the way of progress? We’ll give your Governor a grade so you know exactly where your Governor stands. If you aren’t yet subscribed to our Newsletter, sign up today so you can be the first to receive the Governors Scorecard in your inbox!

Now, keep reading below to get the latest in marijuana law reform!

Arizona: Half of Arizona voters intend to vote ‘yes’ in favor of Proposition 205: The Arizona Legalization and Regulation of Marijuana Act, according to an Arizona Republic/Morrison/Cronkite News poll. Forty percent of voters oppose the initiative. The Act allows adults age 21 and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants) and provides regulations for a retail cannabis marketplace.

Delaware: A September poll by the University of Delaware shows that 61 percent of residents surveyed support marijuana legalization. The survey, conducted by Princeton Survey Research Associates International on Sept. 16-28, consisted of 900 phone interviews. Last year Delaware decriminalized the possession of small amounts of marijuana, reclassifying the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.

Last week, the state’s Senate majority whip said that she would propose a bill in January to legalize marijuana for adult use in the state. We’ll have an #ActionAlert out soon so you can #TakeAction in support of this legislation.

Florida: According to an October poll by the University of North Florida, 77 percent of respondents said they’ll vote for Amendment 2, which would expand medical marijuana access in the state. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. Under Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.

Massachusetts: According to a WBUR poll released this week, support for marijuana legalization is rising. Fifty-five percent of likely voters now say they favor allowing adults to use recreational marijuana, an increase of five percentage points from a similar poll performed last month. Question 4 permits adults to possess up to 10 ounces of cannabis and to grow up to six plants for non-commercial purposes. The measure also establishes regulations overseeing the commercial production and sale of the plant.

NORML released our updated and revised 2016 Congressional Scorecard this week in conjunction with National Voter Registration Day. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Double-check your status as a voter and encourage your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

Federal: Members of Congress have approved a short-term spending bill that keeps in place existing provisions protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Federal lawmakers will revisit the FY 2017 spending appropriation after the Election.

State:

California: On Tuesday, the California Nurses Association/National Nurses United, the nation’s largest state organization of nurses, announced that it has endorsed Proposition 64, the Adult Use of Marijuana Act.

Deborah Burger, President of the California Nurses Association/NNU said, “California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety. California needs a new approach and Proposition 64 is carefully crafted to strictly regulate adult-use marijuana while funding critical youth programs and safeguarding children, workers and local communities.”
Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

The California Nurses Association joins the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML in its support for Proposition 64.

Maine: Polling data compiled by the University of New Hampshire finds that likely voters support Question 1, the Marijuana Legalization Act, by a margin of 53 percent to 38 percent.

If enacted by voters in November, Question 1 would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

If enacted, Question 4 allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.

Tennessee: Members of the Memphis City Council are following in the footsteps of the Nashville Metro Council by approving a local ordinance to provide local police the discretion to issue $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record. Council members approved the ordinance last week in it’s second reading, with the third and final reading taking place October 4th. If you live in Memphis, consider contacting your member of City Council to urge their support for this common sense measure.

Question 4, The Regulation and Taxation of Marijuana Act, permits adults to possess (up to ten ounces) and to cultivate (up to six plants) personal use quantities of cannabis and establishes licensing for its commercial production and retail sale. Commercial for-profit sales of cannabis will be subject to taxation, while non-commercial exchanges of marijuana will not be taxed.

State voters have previously approved ballot measures decriminalizing marijuana possession penalties and legalizing the use and dispensing of medicinal cannabis.

Voters in Arizona, California, Maine, and Nevada will also decide on adult use measures this November. Voters in Arkansas, Florida, Missouri, and Montana will decide on medical use initiatives this fall.